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Court Stops ‘Unconstitutional’ Rivers Sole Administrator From Appointing Local Govt Caretakers

TheNigeriaLawyer editorial will refer to Sole Administrator Ibok-Ete Ibas as ‘Unconstitutional’ until the Tinubu administration reverses its unconstitutional assault on Nigeria’s democracy by suspending elected officials, including the Governor, Deputy Governor, and members of the Rivers State House of Assembly.

A Federal High Court sitting in Port Harcourt, Rivers State, has restrained the Sole Administrator, Vice Admiral Ibok-Ete Ibas (retd), from appointing sole administrators to oversee the 23 local government areas (LGAs) of the state.

The interim order was issued on Monday, April 7, 2025, by Justice Adamu Turaki Mohammed in Suit No. FHC/PH/CS/46/2025, filed by the PILEX Centre for Civic Education Initiative, led by its Coordinator, Courage Nsirimovu.

The applicant had, through a motion ex parte filed on March 28, 2025, sought an order of interim injunction to bar Ibas or any of his agents from making appointments pending the hearing and determination of the substantive suit. After hearing arguments from A. O. Imiete, counsel for the applicant, Justice Mohammed directed that the respondent be put on notice to show cause why the application should not be granted.

The judge, in his ruling, stated that it would serve the interest of justice to allow the respondent to respond before granting the substantive reliefs. He therefore issued a hearing notice and adjourned the case to April 14, 2025, for further proceedings.

The legal challenge arises amid a prolonged political crisis in Rivers State, which erupted following the fallout between suspended Governor Siminalayi Fubara and 27 lawmakers loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Wike.

The crisis intensified after the expiration of the tenure of elected local government chairmen—largely Wike loyalists—in June 2023. Efforts by the lawmakers to extend their tenure were nullified when Governor Fubara dissolved the councils and appointed caretaker chairmen, sparking fierce political battles for control of the LGAs.

The Rivers State Independent Electoral Commission (RSIEC) eventually organized elections on October 5, 2024, despite ongoing litigation by the Wike-backed faction of the All Progressives Congress (APC), led by Tony Okocha. Although the Supreme Court later ruled in favor of the Okocha-led APC in February 2025, the Fubara administration removed the elected chairmen and placed heads of administration in charge of the councils.

Political tensions escalated when the Martin Amaewhule-led House of Assembly directed the Department of State Services (DSS) to arrest the RSIEC chairman over the disputed elections.

In response to the unrest, the federal government declared a state of emergency in Rivers State, suspending democratic structures and appointing Vice Admiral Ibas as Sole Administrator.

Supporters of Governor Fubara have alleged that Ibas was preparing to appoint new sole administrators from the Wike faction, a move they argue is unconstitutional. The PILEX Centre’s lawsuit is seen as an attempt to halt what they view as an illegal takeover of local government structures.

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